6/7/2020
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involve a curtailment on the right to travel within the Philippines and the right to travel
to the Philippines. This case presents us with an opportunity to revisit Marcos and
abandon its narrow and restrictive interpretation. In this regard, the constitutional
provision should be read to include travel within the Philippines and travel to and from
the Philippines.
Undeniably, the right to travel is not absolute. Article III, Section 6 of the Constitution
states that any curtailment must be based on "national security, public safety, or public
health, as may be provided by law."
In interpreting this constitutional provision, the ponencia proposes that only a statute
or a legislative enactment may impair the right to travel.
Respectfully, I disagree. In my view, the phrase "as may be provided by law" should
not be literally interpreted to mean statutory law. Its usage should depend upon the
context in which it is written. As used in the Constitution, the word "law" does not only
refer to statutes but embraces the Constitution itself.
The Bill of Rights is replete with provisions that provide a similar phraseology. For
instance, both the due process clause and the equal protection clause under Article III,
Section 1 of the Constitution contain the word "law," thus:
Article III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the
laws. (Emphasis supplied)
However, the application of the due process and the equal protection clauses has not
been limited to statutory law. These two (2) principles have been tested even against
executive issuances.
In Ynot v. Intermediate Appellate Court,[4] the due process clause was deemed to have
been violated by an executive order which directed the outright confiscation of carabaos
transported from one province to another. In declaring the executive order
unconstitutional, this Court held:
[T]he challenged measure is an invalid exercise of the police power because
the method employed to conserve the carabaos is not reasonably necessary
to the purpose of the law and, worse, is unduly oppressive. Due process is
violated because the owner of the property confiscated is denied the right to
be heard in his defense and is immediately condemned and punished. The
conferment on the administrative authorities of the power to adjudge the
guilt of the supposed offender is a clear encroachment on judicial functions
and militates against the doctrine of separation of powers. There is, finally,
also an invalid delegation of legislative powers to the officers mentioned
therein who are granted unlimited discretion in the distribution of the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165
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